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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of File No.: EB-11-MA-0133
)
Robenson Thermitus NAL/Acct. No.: 201232600004
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Miami, Florida FRN: 0021426010
)
)
FORFEITURE ORDER
Adopted: April 3, 2012 Released: April 3, 2012
By the Regional Director, South Central Region, Enforcement Bureau:
1. In this Forfeiture Order (Order), we issue a monetary forfeiture in
the amount of ten thousand dollars ($10,000) to Robenson Thermitus for
willful and repeated violation of Section 301 of the Communications
Act of 1934, as amended (Act). The noted violations involved Mr.
Thermitus's operation of an unlicensed radio transmitter on the
frequency 98.7 MHz in Miami, Florida.
2. On January 20, 2012, the Enforcement Bureau's Miami Office (Miami
Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the
amount of $10,000 to Mr. Thermitus. Mr. Thermitus has not filed a response
to the NAL. Based on the information before us, we affirm the forfeiture.
3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the
Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311
and 1.80(f)(4) of the Commission's rules, Robenson Thermitus IS LIABLE FOR
A MONETARY FORFEITURE in the amount of $10,000 for violations of Section
301 of the Act.
4. Payment of the forfeiture shall be made in the manner provided for in
Section 1.80 of the Rules within thirty (30) calendar days of the release
of this Order. If the forfeiture is not paid within the period specified,
the case may be referred to the Department of Justice for enforcement
pursuant to section 504(a) of the Act. Payment of the forfeiture must be
made by check or similar instrument, payable to the order of the Federal
Communications Commission. The payment must include the NAL/Account Number
and FRN Number referenced above. Payment by check or money order may be
mailed to Federal Communications Commission, P.O. Box 979088, St. Louis,
MO 63197-9000. Payment by overnight mail may be sent to U.S. Bank -
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis,
MO 63101. Payments by wire transfer may be made to ABA Number 021030004,
receiving bank TREAS/NYC, and account number 27000001. For payment by
credit card, an FCC Form 159 (Remittance Advice) must be submitted. FCC
Form 159 may be obtained at http://www.fcc.gov/Forms/Form159/159.pdf. When
completing the FCC Form 159, enter the NAL/Account number in block number
23A (call sign/other ID), and enter the letters "FORF" in block number 24A
(payment type code). Requests for full payment under an installment plan
should be sent to: Chief Financial Officer -- Financial Operations, 445
12th Street, S.W., Room 1-A625, Washington, D.C. 20554. Please contact
the Financial Operations Group Help Desk at 1-877-480-3201 or Email:
ARINQUIRIES@fcc.gov with any questions regarding payment procedures.
Robenson Thermitus shall also send electronic notification on the date
said payment is made to SCR-Response@fcc.gov.
5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both
First Class Mail and Certified Mail, Return Receipt Requested, to Robenson
Thermitus at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
Dennis P. Carlton
Regional Director, South Central Region
Enforcement Bureau
47 U.S.C. S: 301.
Robenson Thermitus., Notice of Apparent Liability for Forfeiture, 27 FCC
Rcd 327 (Enf. Bur. 2012).
47 U.S.C. S: 503(b).
47 C.F.R. S:S: 0.111, 0.204, 0.311, 1.80(f)(4).
47 U.S.C. S: 301.
47 U.S.C. S: 504(a).
Federal Communications Commission DA 12-524
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Federal Communications Commission DA 12-524